The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

Statutory Instruments

2010 No. 609

Wildlife, England And Wales

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010

Made

3rd March 2010

Laid before Parliament

9th March 2010

Laid before the National Assembly for Wales

9th March 2010

Coming into force

6th April 2010

The Secretary of State, in relation to England, and the Welsh Ministers, in relation to Wales, make the following Order in exercise of the powers conferred on them by section 22(5) of the Wildlife and Countryside Act 1981(1).

In accordance with the requirements of section 26(4)(2) of that Act, the Secretary of State and the Welsh Ministers—

(a)

have given any local authority affected and any other person affected an opportunity to submit objections or representations with respect to the subject matter of this Order; and

(b)

have consulted with the Joint Nature Conservation Committee, being the advisory body they considered was best able to advise them as to whether this Order should be made.

Title, commencement and extent E+W

1.  This Order—

(a) may be cited as the Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England and Wales) Order 2010:

(b) comes into force on 6th April 2010; and

(c) extends to England and Wales only.

Commencement Information

I1 Art. 1 in force at 6.4.2010, see art. 1(b)

Variation of Schedule 9 E+W

2.—(1) Schedule 9 (animals and plants to which section 14 applies)(3) to the Wildlife and Countryside Act 1981 is varied as follows.

(2) Add the following animals to Part 1 (animals which are established in the wild) —

Common name	Scientific name
Boar, Wild	Sus scrofa
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crab, Chinese Mitten	Eriocheir sinensis
Crane, Common	Grus grus
Crayfish, Red Swamp	Procambarus clarkii
Crayfish, Spiny-cheek	Orconectes limosus
Deer, Chinese Water	Hydropotes inermis
Flatworm	Kontikia andersoni
Flatworm	Kontikia ventrolineata
Flatworm, Australian	Australoplana sanguinea
Goose, Bar-headed	Anser indicus
Goose, Barnacle	Branta leucopsis
Goose, Emperor	Anser canagicus
Goose, Snow	Anser caerulescens
Goshawk	Accipiter gentilis
Kite, Red	Milvus milvus
Limpet, Slipper	Crepidula fornicata
Owl, Eagle	Bubo bubo
Oyster Drill, American	Urosalpinx cinerea
Parakeet, Monk	Myiopsitta monachus
Pochard, Red-crested	Netta rufina
Shelduck, Ruddy	Tadorna ferruginea
Swan, Black	Cygnus atratus.

(3) Remove the following animals from Part 1 —

Common name	Scientific name
Budgerigar	Melopsittacus undulatus
Coypu	Myocastor coypus
With respect to the Outer Hebrides and the islands of Arran, Islay, Jura and Rum —   (a) Deer, Cervus (all species)   (b) Deer, any hybrid one of whose parents or     other lineal ancestor was a species of     Cervus Deer	Cervus Any hybrid of the genus Cervus
Gerbil, Mongolian	Meriones unguiculatus
Porcupine, Crested	Hystrix cristata
Porcupine, Himalayan	Hystrix hodgsonii
Quail, Bobwhite	Colinus virginianus.

(4) Add the following plants to Part 2 (plants) —

Common name	Scientific name
Alexanders, Perfoliate	Smyrnium perfoliatum
Algae, Red	Grateloupia luxurians
Archangel, Variegated Yellow	Lamiastrum galeobdolon subsp. argentatum
Azalea, Yellow	Rhododendron luteum
Balsam, Himalayan	Impatiens glandulifera
Cotoneaster	Cotoneaster horizontalis
Cotoneaster, Entire-leaved	Cotoneaster integrifolius
Cotoneaster, Himalayan	Cotoneaster simonsii
Cotoneaster, Hollyberry	Cotoneaster bullatus
Cotoneaster, Small-leaved	Cotoneaster microphyllus
Creeper, False Virginia	Parthenocissus inserta
Creeper, Virginia	Parthenocissus quinquefolia
Dewplant, Purple	Disphyma crassifolium
Fanwort (otherwise known as Carolina Water-Shield)	Cabomba caroliniana
Fern, Water	Azolla filiculoides
Fig, Hottentot	Carpobrotus edulis
Garlic, Three-cornered	Allium triquetrum
Hyacinth, Water	Eichhornia crassipes
Knotweed, Giant	Fallopia sachalinensis
Knotweed, Hybrid	Fallopia japonica x Fallopia sachalinensis
Knotweed, Japanese	Fallopia japonica
Leek, Few-flowered	Allium paradoxum
Lettuce, Water	Pistia stratiotes
Montbretia	Crocosmia x crocosmiiflora
Parrot’s Feather	Myriophyllum aquaticum
Pennywort, Floating	Hydrocotyle ranunculoides
Potato, Duck	Sagittaria latifolia
Primrose, Floating Water	Ludwigia peploides
Primrose, Water	Ludwigia grandiflora
Primrose, Water	Ludwigia uruguayensis
Rhododendron	Rhododendron ponticum
Rhododendron	Rhododendron ponticum x Rhododendron maximum
Rhubarb, Giant	Gunnera tinctoria
Rose, Japanese	Rosa rugosa
Salvinia, Giant	Salvinia molesta
Seafingers, Green	Codium fragile
Stonecrop, Australian Swamp (otherwise known as New Zealand Pygmyweed)	Crassula helmsii
Waterweed, Curly	Lagarosiphon major
Waterweeds	All species of the genus Elodea.

(5) Remove the following plants from Part 2 —

Common name	Scientific name
Knotweed, Japanese	Polygonum cuspidatum
Seafingers, Green	Codium fragile tomentosoides.

Commencement Information

I2 Art. 2 in force at 6.4.2010, see art. 1(b)

Huw Irranca-Davies

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

26th February 2010

Jane Davidson

Minister for Environment, Sustainability and Housing One of the Welsh Ministers

3rd March 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which extends to England and Wales, varies Schedule 9 to the Wildlife and Countryside Act 1981 (c. 69), which lists animals which may not be released or allowed to escape into the wild and plants which may not be planted or otherwise caused to grow in the wild.

Article 2(2) adds twenty-four new entries to Part 1 (animals which are established in the wild) of Schedule 9, and article 2(3) removes eight existing entries from that Part.

Article 2(4) adds thirty-nine new entries to Part 2 (plants) of Schedule 9. Amongst these, the new entry for Japanese Knotweed under the scientific name “Fallopia japonica” replaces the former entry for it which used the scientific name “Polygonum cuspidatum” (and which is now removed by article 2(5)); and the new entry for Green Seafingers under the scientific name “Codium fragile” replaces that (again removed by article 2(5)) for only its sub-species “Codium fragile tomentosoides”.

A full impact assessment of the effect this instrument will have on the costs of business and the voluntary sector is available at www.defra.gov.uk and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

(1)

1981 c. 69. The functions of the Secretary of State under section 22, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(2)

The functions of the Secretary of State under section 26(4) , so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and were subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. For the definition of “advisory body” see section 23 of the Wildlife and Countryside Act 1981.

(3)

As previously varied by S.I. 1992/320, 2674, 1997/226, 1999/1002.